Zeke to attend hearing in Texas today per Schefter

[mahoneybill]

Defamation is incredibly hard to prove, especially since Garrett openly discussed to the media his lecture that that he gave Zeke about the off-field money he is costing himself with his behavior. That would get such a claim thrown out most likely.

Article 46 is the problem. The NFLPA agreed to it, and let's face it, most players are fine with it because they don't put themselves in these situations, so they don't care about that.

Good insight on Garrett, proof etc. However, this is a lifelong brand that Zeke would bare so we shall see how far he would take it.... He could say yes, he told me that, and I in turn told him I would accept that if I was guilty, but I'm not.

Regarding 46 also agree, but once several more are " branded" then the heads will turn to " oh oh" we gave away too much....

 

[erod]

I've heard from multiple attorneys that say the opposite.

I will say this..Zeke has a tough battle ahead in court but I think they get the injunction.

Personally, I have no idea. I'm going by the attorneys I heard on The Ticket and ESPN this morning.

 

[Sydla]

Wrong. Goodell has absolute power in this arena. Period. Brady proved about process and won, then the federal courts threw it out because of Article 46, and the NFL won in the end.

Not saying I agree, just that's the way it appears to be.

People really need to stop mentioning the Brady case as if it's the same thing here. It's not.

Now Elliott may lose but the arguments being made in this case and Brady's are not exactly the same.

 

[Kevinicus]

Wrong. Goodell has absolute power in this arena. Period. Brady proved about process and won, then the federal courts threw it out because of Article 46, and the NFL won in the end.

Not saying I agree, just that's the way it appears to be.

Article 46 is very broad, but it is not absolute.

 

[erod]

People really need to stop mentioning the Brady case as if it's the same thing here. It's not.

Now Elliott may lose but the arguments being made in this case and Brady's are not exactly the same.

It is if this comes down to Article 46.

 

[AmericasTeam81]

Please, someone correct me if I am wrong, but isn't a suspension under the domestic violence clause a mandatory 6 games. If so, what would be the possible justifications for reducing the suspension between 1-5 games? In my novice eyes regarding this matter, Mr. Henderson either upholds the suspension, or completely vacates the suspension.

Just curious as to how others see this.

 

[mahoneybill]

General commentary.. Attorneys like Weather forecasters, and sports commentators, can be wrong half the time and still keep their jobs. In the case of attorneys one wins and one loses so 50 % is a norm...... and you don't usually see " retainer" agreements citing any probability of success.....

 

[jday]

For what? Info a little sparse there....

If it's in Texas, it's about rather or not Texas will take the case should the NFL not overturn the suspension completely. And my guess is given the DV label Zeke would have to shoulder otherwise, anything less than complete dismissal will be taken to court.

 

[erod]

You are completely off base. You can't compare Brady and this case against eachother. Zeke has a legitimate argument and the NFL is basically shown to have hidden or omitted evidence. The fact you can sit there and cite article 46 when the NFL has hidden evidence is laughable. For cripes sakes they hid a doctor lol.

The NFL isn't a court room. Article 46 gives them the ability to do whatever they want internally. That was what the attorneys said this morning.

I think Zeke's REAL concern is that another false move would get him banned for a year, and it would void the guaranteed clause in his contract with the Cowboys. He wants this stricken so he's not in that position.

 

[Sydla]

Please, someone correct me if I am wrong, but isn't a suspension under the domestic violence clause a mandatory 6 games. If so, what would be the possible justifications for reducing the suspension between 1-5 games? In my novice eyes regarding this matter, Mr. Henderson either upholds the suspension, or completely vacates the suspension.

Just curious as to how others see this.

The policy states there could be mitigating circumstances that reduces of increases the mandatory 6 games.

 

[casmith07]

General commentary.. Attorneys like Weather forecasters, and sports commentators, can be wrong half the time and still keep their jobs. In the case of attorneys one wins and one loses so 50 % is a norm...... and you don't usually see " retainer" agreements citing any probability of success.....

Bingo. That's why attorneys exist -- because of written and oral arguments to interpret the law in favor of their client.

If it was all just precedent, zero shot for Zeke (what is that anyway, Soviet Russia?) there would never be a need for attorneys.

 

[jday]

Please, someone correct me if I am wrong, but isn't a suspension under the domestic violence clause a mandatory 6 games. If so, what would be the possible justifications for reducing the suspension between 1-5 games? In my novice eyes regarding this matter, Mr. Henderson either upholds the suspension, or completely vacates the suspension.

Just curious as to how others see this.

Your mostly right here. What has been suggested is they make back away from DV all together and make it two games for conduct unbecoming an NFL employee for the incident where he pulled down the girls top at a St Patty's Day Parade.

 

[erod]

General commentary.. Attorneys like Weather forecasters, and sports commentators, can be wrong half the time and still keep their jobs. In the case of attorneys one wins and one loses so 50 % is a norm...... and you don't usually see " retainer" agreements citing any probability of success.....

This is very true.

The NFL is obviously upset about the filing in Sherman. They might tell Henderson to wait until tomorrow so there's nothing to discuss this evening.

That would make Zeke available for Sunday, however.

 

[mahoneybill]

The NFL isn't a court room. Article 46 gives them the ability to do whatever they want internally. That was what the attorneys said this morning.

I think Zeke's REAL concern is that another false move would get him banned for a year, and it would void the guaranteed clause in his contract with the Cowboys. He wants this stricken so he's not in that position.

Nice insight on the ban side. We are all so focused on suspension that its easy to miss the bigger threat...

 

[TheSkaven]

Can someone help me understand if I have this timeline of events right? And perhaps help others who might also be confused

-Harold Henderson will wait until the last minute today to make a ruling, 6 pm EST? I'm assuming Goodell has him in his pocket so the ruling will be in the NFL's favor

-Zeke hearing today (also at 6?) to decide if the suspension is blocked.

-Then I was reading something about the NFL trying have that blocked, if it is granted to Zeke. When will we know something on that front? This is a mess

So, the NFL wants to issue the ruling as soon as possible so that Zeke can't play this weekend. But they also want to wait until after the hearing, so that they can argue that the hearing is about an appeal decision that hasn't even happened yet.

Most likely, Henderson will announce 6 games at about 7pm.

 

[JBS]

What's the time frame on whether or not the injunction is granted or not?

 

[erod]

So, the NFL wants to issue the ruling as soon as possible so that Zeke can't play this weekend. But they also want to wait until after the hearing, so that they can argue that the hearing is about an appeal decision that hasn't even happened yet.

Most likely, Henderson will announce 6 games at about 7pm.

If they do, Zeke plays Sunday.

 

[JBS]

So, the NFL wants to issue the ruling as soon as possible so that Zeke can't play this weekend. But they also want to wait until after the hearing, so that they can argue that the hearing is about an appeal decision that hasn't even happened yet.

Most likely, Henderson will announce 6 games at about 7pm.

So he is definitely playing Sunday..what happens next remains to be seen

 

[Sandyf]

If according to the NFLPA is correct, Henderson will have to make his ruling by 4 pm EST today or Elliott will be allow to play Sunday. The court hearing today is 6 PM EST or 5 PM Texas time. The NFL could delay Henderson ruling until tomorrow to help their response to the court case but ultimately a judge is going to decide if this thing goes to court or not. Everyone suspects that the NFL will delay to get the thing thrown out of court but even if that happens the NFLPA will file another motion as soon as Henderson rules. The NFLPA knew what the NFL was going to do so it is no surprise although it appears to many fans it is.

After the revelations this past weekend on the appeal hearing with expert testimony by a renowned doctor on photos of the bruising, the out and out lies by at least someone in the NFL office on the doctor that could not testify as she was sick and in the hospital and she was neither, the NFL case is looking not so wonderful. Could the NFL say screw you and uphold the suspension, absolutely, but what it will ultimately bring about whether now or in two/three years is a work stoppage either by lockout or a strike. The NFL and NFLPA should be finding common ground to work together since I believe the CBA is up in 2020 I believe.

The NFL has bungled the Elliott case from the beginning and it is a public relations nightmare for both sides. I studied law but am not a lawyer but IMO this is going to end up in court and it is not going to be pretty on any account. I do believe the best thing for both sides would be for Henderson to rule of no suspension and suffer the backlash for a month or so from various groups and then move on. For this to drag out for months and months possibly a year or two would be harmful on all sides. But hey that would be the logical thing to do and we know the NFL doesn't care much for logic.

 

[erod]

What's the time frame on whether or not the injunction is granted or not?

By Friday.

Henderson has to rule today by 3 pm (I think) to suspend Zeke for Sunday's game. Otherwise, the suspension would not start until Week 2.